22 Del. C. § 314: Residential density requirements.

(a) For purposes of this section, “growth area” means an area designated within a municipal comprehensive plan as a growth area and also consistent with areas identified by the Strategies for State Policies and Spending for growth as Investment Levels 1 and 2, or any successor classifications adopted by this State.

(b) Notwithstanding § 301 of this title or any provision of this Code to the contrary, and subject to subsection (c) of this section, the legislative body of a municipality shall adopt zoning ordinances and land development regulations within a growth area that do all of the following:

(1) Permit a variety of housing types, including townhouses, multifamily dwellings, stacked flats, apartments, and mixed-use residential developments.

(2) Establish bulk, dimensional, and design standards that reasonably accommodate the housing types permitted under paragraph (b)(1) of this section at densities established in paragraph (c)(2) of this section.

(3) Encourage development patterns that reduce vehicular trips, increase pedestrian connectivity, support transit-oriented development, and promote mixed-use development consistent with guidance issued by the Department of Transportation.

(c) By June 1, 2027, by regulation, or in the municipality’s comprehensive plan if due that same year, and thereafter at least once every 10 years in the municipality’s comprehensive plan, the legislative body of a municipality shall adopt residential growth area density requirements to do all of the following:

(1) Based on the guidance under subsection (e) of this section, develop and periodically update residential density requirements applicable to growth areas throughout the municipality, beginning with a minimum density threshold of 4 units per acre for single family homes and increasing minimum density thresholds for other housing types.

(2) Require residential development meet density requirements while recognizing that varying development densities may be appropriate within different portions of a designated growth area of the municipality.

(3) Encourage compact, infrastructure-efficient, and housing-supportive development patterns within growth areas of the municipality.

(d) Each time the comprehensive plan adopted under subsection (c) of this section is approved, the legislative body of a municipality shall issue updated regulations or ordinances effectuating the residential growth area density requirements, which must be developed in consultation with the following, or a designee of the following:

(1) The Director of the State Housing Authority.

(2) The Secretary of the Department of Transportation.

(3) The Director of the Office of State Planning Coordination.

(4) The President of the Delaware League of Local Governments.

(5) The Governor.

(e) The Delaware State Housing Authority shall develop guidance for residential density requirements applicable to growth areas throughout this State starting with a minimum density threshold of 4 units per acre for single family homes and increasing minimum density thresholds for other housing types. The guidance must include all of the following:

(1) Recommendations for permitting a variety of housing types, including townhouses, multifamily dwellings, stacked flats, apartments, and mixed-use residential development.

(2) Recommendations for establishing bulk, dimensional, and design standards that reasonably accommodate the housing types permitted under paragraph (e)(1) of this section.

(3) Recommendations, developed in consultation with the Department of Transportation, for development patterns that reduce vehicular trips, increase pedestrian connectivity, support transit-oriented development, and promote mixed-use development.